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After reading the waiver, if you have any questions please contact me at whistleryearroundfishing@protonmail.com prior to your trip date

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY


TO: WHISTLER YEAR-ROUND FISHING (hereafter referred to as “THE OPERATORS”) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA

DEFINITIONS:

In this agreement:

a) The term “fishing” shall include “fly fishing” and “spin fishing”

b) The term “guided fishing” shall apply to “walk & wade fishing” and “boat fishing” and “ice fishing” and shall include all activities and services, either provided by or arranged by the Operators or in any way related to, but not limited to: orientation and instructional sessions; transportation; loading, unloading and travel in or movement around boats and vehicles; and all fishing activities in the lake or river

SAFETY - I acknowledge that when fishing along the river or shoreline of a lake, that I will not go into the water unless the fishing guide has verbally told me it is safe to do so. I will always ask the fishing guide if it is safe to change locations while fishing. This includes ice fishing on a frozen lake. I acknowledge that I will not wander for any reason unless I have asked the fishing guide for permission beforehand. I am aware that there are fishing guides available to answer any questions that I may have as to safely navigate creeks, rivers, lakes & frozen lakes.

ASSUMPTION OF RISKS – ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER, ETC. I am aware that guided fishing involves risks, dangers, and hazards. I acknowledge and accept that the Operators and their staff will not assume responsibility for any claims, losses, damages, cost or expenses arising out of personal injury, accidents, or death, loss or damage of property, inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the services or activities. The issuance of this certificate is subject to the laws of the Province of British Columbia.

I AM AWARE OF THE RISK, DANGERS AND HAZARDS ASSOCIATED WITH GUIDED FISHING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

In consideration of THE OPERATORS and THE PROVINCE allowing me to participate in guided fishing, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged. I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATORS and THE PROVINCE and their directors, officers, employees, guides, agents, independent contractors, representatives, successors and assigns (all of whom are hereafter collectively referred to as the “RELEASEES” and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in guided fishing. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF GUIDED FISHING REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all the liability for property damage or personal injury to any third party resulting from my participation in guided fishing.

3. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity.

4. This agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and

5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering this agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of guided fishing, other than what is set forth in the Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Today's Date: May 14, 2025

 


Please select who will be participating. An adult is anyone 19 years of age and older. A minor is anyone under the age of 19
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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